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Maintenance Orders Act 1958
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Changes over time for: Section 4
Changes to legislation:
Maintenance Orders Act 1958, Section 4 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 4:
- s. 4 amended by 1999 c. 22 Sch. 13 para. 25 28
- s. 4 repealed in part by 1999 c. 22 Sch. 15 Pt. 5(7)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
4 Variation of orders registered in magistrates’ courts. E+W
(1)The provisions of this section shall have effect with respect to the variation of [F1High Court orders registered in the family court], and references in this section to registered orders shall be construed accordingly.
(2)Subject to the following provisions of this section—
(a)the [F2family court] may exercise the same jurisdiction to vary any rate of payments specified by a registered order (other than jurisdiction in a case where a party to the order is not present in England when the application for variation is made) as is exercisable, apart from this subsection, by the [F3High Court]; and
(b)a rate of payments specified by a registered order shall not be varied except by the [F4family court.]
F5(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(4)If F7... an application is made by virtue of subsection (2) of this section for the variation of a rate of payments specified by a registered order [F8and it appears to the family court] that it is for any reason appropriate to remit the application to the [F9High Court], the [F10family court] shall so remit the application, and the [F9High Court] shall thereupon deal with the application as if the order were not registered.
(5)Nothing in subsection (2) of this section shall affect the jurisdiction of the [F11High Court] to vary a rate of payments specified by a registered order if an application for the variation of that rate is made to that court—
(a)in proceedings for a variation of provisions of the order which do not specify a rate of payments; or
(b)at a time when a party to the order is not present in England.
F12(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)No application for any variation of a registered order shall be made to any court while proceedings for any variation of the order are pending in any other court.
(6A)[F13Although such an order as is mentioned in this subsection may be varied under section 1 of the Maintenance Enforcement Act 1991 as applied by section 4A(2) of this Act, no application for any other] variation in respect of a registered order shall be made to [F14the family court] in respect of an order made by the Court of Session or the High Court in Northern Ireland and registered in [F15the family court] in accordance with the provisions of this Part of this Act by virtue of [F16sections 1(2) and 2(6A)] above.
[F17(6B)No application for any variation of a registered order shall be made to [F18the family court] in respect of an order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984 [F19or under Schedule 7 to the Civil Partnership Act 2004].]
F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 4(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 4(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(3)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 4(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(3)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Words in s. 4(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5S. 4(2A)-(2C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6S. 4(3) repealed by Administration of Justice Act 1970 (c. 31), s. 48(2), Sch. 11
F7Words in s. 4(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8Words in s. 4(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9Words in s. 4(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F10Words in s. 4(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(d); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F11Words in s. 4(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(7); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12S. 4(5A)(5B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F13Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F14Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F15Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F16Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(d); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F17S. 4(6B) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48, Sch. 1 para. 5
F18Words in s. 4(6B) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F19Words in s. 4(6B) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 22(3); S.I. 2005/3175, art. 2(2)
F20S. 4(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1Pt. I (ss. 1–5) applied by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, sch. 3 para. 10
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